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SF 1025

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human services; modifying mental health provisions; setting aside
certain janitorial contracts; clarifying county board duties; instituting mental
health service delivery reform; authorizing children's mental health grants;
establishing restrictive procedures certification; modifying medical assistance
coverage for mental health services; modifying MinnesotaCare coverage;
requiring reports; amending Minnesota Statutes 2006, sections 148C.11,
subdivision 1; 245.465, by adding a subdivision; 245.4874; 246.54, subdivisions
1, 2; 256.017, subdivision 1; 256B.0625, subdivision 20, by adding a subdivision;
256B.0943, subdivision 8; 256B.0945, subdivision 4; 256B.69, subdivisions 4,
5g, 5h; 256B.763; 256D.03, subdivision 4; 256L.03, subdivision 1; 256L.035;
256L.12, subdivision 9a; 609.115, subdivision 9; Laws 2005, chapter 98, article
3, section 25; proposing coding for new law in Minnesota Statutes, chapters 16C;
245; repealing Minnesota Rules, part 9585.0030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16C.155] SET-ASIDE OF JANITORIAL CONTRACTS FOR
REHABILITATION PROGRAMS AND EXTENDED EMPLOYMENT
PROVIDERS.
new text end

new text begin The commissioner of administration shall reserve a portion of all janitorial services
contracts awarded by the state in each fiscal year for rehabilitation programs and extended
employment providers listed under section 16C.15. The total value of the contracts
reserved under this section must exceed 19 percent of the total value of janitorial services
contracts entered into in the previous fiscal year. The commissioner shall use a negotiated
price procedure to award contracts under this section. The amount of each contract
awarded under this section may exceed the estimated fair market price for the same goods
and services by up to five percent.
new text end

Sec. 2.

Minnesota Statutes 2006, section 148C.11, subdivision 1, is amended to read:


Subdivision 1.

Other professionals.

(a) Nothing in this chapter prevents members
of other professions or occupations from performing functions for which they are qualified
or licensed. This exception includes, but is not limited to: licensed physicians; registered
nurses; licensed practical nurses; licensed psychological practitioners; members of
the clergy; American Indian medicine men and women; licensed attorneys; probation
officers; licensed marriage and family therapists; licensed social workers; social workers
employed by city, county, or state agencies; licensed professional counselors; licensed
school counselors; registered occupational therapists or occupational therapy assistants;
city, county, or state employees when providing assessments or case management under
Minnesota Rules, chapter 9530; and until July 1, deleted text begin 2007deleted text end new text begin 2009new text end , individuals providing
integrated dual-diagnosis treatment in adult mental health rehabilitative programs certified
by the Department of Human Services under section 256B.0622 or 256B.0623.

(b) Nothing in this chapter prohibits technicians and resident managers in programs
licensed by the Department of Human Services from discharging their duties as provided
in Minnesota Rules, chapter 9530.

(c) Any person who is exempt under this subdivision but who elects to obtain a
license under this chapter is subject to this chapter to the same extent as other licensees.
The board shall issue a license without examination to an applicant who is licensed or
registered in a profession identified in paragraph (a) if the applicant:

(1) shows evidence of current licensure or registration; and

(2) has submitted to the board a plan for supervision during the first 2,000 hours of
professional practice or has submitted proof of supervised professional practice that is
acceptable to the board.

(d) Any person who is exempt from licensure under this section must not use a
title incorporating the words "alcohol and drug counselor" or "licensed alcohol and drug
counselor" or otherwise hold themselves out to the public by any title or description
stating or implying that they are engaged in the practice of alcohol and drug counseling,
or that they are licensed to engage in the practice of alcohol and drug counseling unless
that person is also licensed as an alcohol and drug counselor. Persons engaged in the
practice of alcohol and drug counseling are not exempt from the board's jurisdiction
solely by the use of one of the above titles.

Sec. 3.

Minnesota Statutes 2006, section 245.465, is amended by adding a subdivision
to read:


new text begin Subd. 3. new text end

new text begin Responsibility not duplicated. new text end

new text begin For individuals who have health care
coverage, the county board is not responsible for providing mental health services which
are within the limits of the individual's health care coverage.
new text end

Sec. 4.

new text begin [245.4682] MENTAL HEALTH SERVICE DELIVERY AND FINANCE
REFORM.
new text end

new text begin Subdivision 1. new text end

new text begin Policy. new text end

new text begin The commissioner of human services shall undertake a series
of reforms to address the underlying structural, financial, and organizational problems in
Minnesota's mental health system with the goal of improving the availability, quality, and
accountability of mental health care within the state.
new text end

new text begin Subd. 2. new text end

new text begin General provisions. new text end

new text begin (a) In the design and implementation of reforms to
the mental health system, the commissioner shall:
new text end

new text begin (1) consult with consumers, families, counties, tribes, advocates, providers, and
other stakeholders;
new text end

new text begin (2) bring to the legislature, and the State Advisory Council on Mental Health, by
January 15, 2008, recommendations for legislation to update the role of counties and to
clarify the case management roles and functions of health plans and counties;
new text end

new text begin (3) ensure continuity of care for persons affected by these reforms including
ensuring client choice of provider by requiring broad provider networks and developing
mechanisms to facilitate a smooth transition of service responsibilities;
new text end

new text begin (4) provide accountability for the efficient and effective use of public and private
resources in achieving positive outcomes for consumers;
new text end

new text begin (5) ensure client access to applicable protections and appeals; and
new text end

new text begin (6) make budget transfers necessary to implement the reallocation of services and
client responsibilities between counties and health care programs that do not increase the
state and county costs and efficiently allocate state funds.
new text end

new text begin (b) When making transfers under paragraph (a) necessary to implement movement
of responsibility for clients and services between counties and health care programs,
the commissioner, in consultation with counties, shall ensure that any transfer of state
grants to health care programs, including the value of case management transfer grants
under section 256B.0625, subdivision 20, does not exceed the value of the services being
transferred for the latest 12-month period for which data is available. The commissioner
shall make quarterly adjustments based on the availability of additional data during the
first eight quarters after the transfers first occur. If case management transfer grants under
section 256B.0625, subdivision 20, are repealed and the value, based on the last year prior
to repeal, exceeds the value of the services being transferred, the difference becomes an
ongoing part of each county's adult and children's mental health grants under sections
245.4661, 245.4889, and 256E.12.
new text end

new text begin Subd. 3. new text end

new text begin Projects for coordination of care. new text end

new text begin (a) Consistent with section 256B.69
and chapters 256D and 256L, the commissioner is authorized to solicit, approve, and
implement projects to demonstrate the integration of physical and mental health services
within prepaid health plans and their coordination with social services. The commissioner
shall require that each project be based on locally defined partnerships that include at
least one health maintenance organization, community integrated service network, or
accountable provider network authorized and operating under chapter 62D, 62N, or 62T, or
county-based purchasing entity under section 256B.692 that is eligible to contract with the
commissioner as a prepaid health plan, and the county or counties within the service area.
new text end

new text begin (b) The commissioner, in consultation with consumers, families, and their
representatives, shall:
new text end

new text begin (1) determine criteria for approving the projects and use those criteria to solicit
proposals for preferred integrated networks. The commissioner must develop criteria to
evaluate the partnership proposed by the county and prepaid health plan to coordinate
access and delivery of services. The proposal must at a minimum address how the
partnership will coordinate the provision of:
new text end

new text begin (i) client outreach and identification of health and social service needs paired with
expedited access to appropriate resources;
new text end

new text begin (ii) activities to maintain continuity of health care coverage;
new text end

new text begin (iii) children's residential mental health treatment and treatment foster care;
new text end

new text begin (iv) court-ordered assessments and treatments;
new text end

new text begin (v) prepetition screening and commitments under chapter 253B;
new text end

new text begin (vi) assessment and treatment of children identified through mental health screening
of child welfare and juvenile corrections cases;
new text end

new text begin (vii) home and community-based waiver services;
new text end

new text begin (viii) assistance with finding and maintaining employment;
new text end

new text begin (ix) housing; and
new text end

new text begin (x) transportation;
new text end

new text begin (2) determine specifications for contracts with prepaid health plans to improve the
plan's ability to serve persons with mental health conditions, including specifications
addressing:
new text end

new text begin (i) early identification and intervention of physical and behavioral health problems;
new text end

new text begin (ii) communication between the enrollee and the health plan;
new text end

new text begin (iii) facilitation of enrollment for persons who are also eligible for a Medicare
special needs plan offered by the health plan;
new text end

new text begin (iv) risk screening procedures;
new text end

new text begin (v) health care coordination;
new text end

new text begin (vi) member services and access to applicable protections and appeal processes;
new text end

new text begin (vii) specialty provider networks;
new text end

new text begin (viii) transportation services;
new text end

new text begin (ix) treatment planning; and
new text end

new text begin (x) administrative simplification for providers;
new text end

new text begin (3) begin implementation of the projects no earlier than January 1, 2009, with not
more than 40 percent of the statewide population included during calendar year 2009 and
additional counties included in subsequent years;
new text end

new text begin (4) waive any administrative rule not consistent with the implementation of the
projects; and
new text end

new text begin (5) allow potential bidders at least 90 days to respond to the request for proposals.
new text end

new text begin (c) Notwithstanding any statute or administrative rule to the contrary, the
commissioner may enroll all persons eligible for medical assistance with serious mental
illness or emotional disturbance in the prepaid plan of their choice within the project
service area unless:
new text end

new text begin (1) the individual is eligible for home and community-based services for persons
with developmental disabilities and related conditions under section 256B.092; or
new text end

new text begin (2) the individual has a basis for exclusion from the prepaid plan under section
256B.69, subdivision 4, other than disability, mental illness, or emotional disturbance.
new text end

new text begin (d) If the person described in paragraph (c) does not elect to remain in fee-for-service
medical assistance, or declines to choose a plan, the commissioner may preferentially
assign that person to the prepaid plan participating in the preferred integrated network.
The commissioner shall implement the enrollment changes within a project's service area
on the timeline specified in that project's approved application.
new text end

new text begin (e) A person enrolled in a prepaid health plan under paragraphs (c) and (d) may
disenroll from the plan at any time.
new text end

new text begin (f) The commissioner, in consultation with consumers, families, and their
representatives, shall evaluate the projects begun in 2009, and shall refine the design of the
service integration projects before expanding the projects.
new text end

new text begin (g) The commissioner shall apply for any federal waivers necessary to implement
these changes.
new text end

new text begin (h) Payment for Medicaid service providers under this subdivision for the months of
May and June will be made no earlier than July 1 of the same calendar year.
new text end

Sec. 5.

Minnesota Statutes 2006, section 245.4874, is amended to read:


245.4874 DUTIES OF COUNTY BOARD.

new text begin Subdivision 1. new text end

new text begin Duties of the county board. new text end

(a) The county board must:

(1) develop a system of affordable and locally available children's mental health
services according to sections 245.487 to 245.4887;

(2) establish a mechanism providing for interagency coordination as specified in
section 245.4875, subdivision 6;

(3) consider the assessment of unmet needs in the county as reported by the local
children's mental health advisory council under section 245.4875, subdivision 5, paragraph
(b), clause (3). The county shall provide, upon request of the local children's mental health
advisory council, readily available data to assist in the determination of unmet needs;

(4) assure that parents and providers in the county receive information about how to
gain access to services provided according to sections 245.487 to 245.4887;

(5) coordinate the delivery of children's mental health services with services
provided by social services, education, corrections, health, and vocational agencies to
improve the availability of mental health services to children and the cost-effectiveness of
their delivery;

(6) assure that mental health services delivered according to sections 245.487
to 245.4887 are delivered expeditiously and are appropriate to the child's diagnostic
assessment and individual treatment plan;

(7) provide the community with information about predictors and symptoms of
emotional disturbances and how to access children's mental health services according to
sections 245.4877 and 245.4878;

(8) provide for case management services to each child with severe emotional
disturbance according to sections 245.486; 245.4871, subdivisions 3 and 4; and 245.4881,
subdivisions 1, 3, and 5
;

(9) provide for screening of each child under section 245.4885 upon admission
to a residential treatment facility, acute care hospital inpatient treatment, or informal
admission to a regional treatment center;

(10) prudently administer grants and purchase-of-service contracts that the county
board determines are necessary to fulfill its responsibilities under sections 245.487 to
245.4887;

(11) assure that mental health professionals, mental health practitioners, and case
managers employed by or under contract to the county to provide mental health services
are qualified under section 245.4871;

(12) assure that children's mental health services are coordinated with adult mental
health services specified in sections 245.461 to 245.486 so that a continuum of mental
health services is available to serve persons with mental illness, regardless of the person's
age;

(13) assure that culturally deleted text begin informeddeleted text end new text begin competentnew text end mental health consultants are used as
necessary to assist the county board in assessing and providing appropriate treatment for
children of cultural or racial minority heritage; and

(14) consistent with section 245.486, arrange for or provide a children's mental
health screening to a child receiving child protective services or a child in out-of-home
placement, a child for whom parental rights have been terminated, a child found to be
delinquent, and a child found to have committed a juvenile petty offense for the third or
subsequent time, unless a screening has been performed within the previous 180 days, or
the child is currently under the care of a mental health professional. The court or county
agency must notify a parent or guardian whose parental rights have not been terminated of
the potential mental health screening and the option to prevent the screening by notifying
the court or county agency in writing. The screening shall be conducted with a screening
instrument approved by the commissioner of human services according to criteria that
are updated and issued annually to ensure that approved screening instruments are valid
and useful for child welfare and juvenile justice populations, and shall be conducted
by a mental health practitioner as defined in section 245.4871, subdivision 26, or a
probation officer or local social services agency staff person who is trained in the use of
the screening instrument. Training in the use of the instrument shall include training in the
administration of the instrument, the interpretation of its validity given the child's current
circumstances, the state and federal data practices laws and confidentiality standards, the
parental consent requirement, and providing respect for families and cultural values.
If the screen indicates a need for assessment, the child's family, or if the family lacks
mental health insurance, the local social services agency, in consultation with the child's
family, shall have conducted a diagnostic assessment, including a functional assessment,
as defined in section 245.4871. The administration of the screening shall safeguard the
privacy of children receiving the screening and their families and shall comply with the
Minnesota Government Data Practices Act, chapter 13, and the federal Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191. Screening results shall be
considered private data and the commissioner shall not collect individual screening results.

(b) When the county board refers clients to providers of children's therapeutic
services and supports under section 256B.0943, the county board must clearly identify
the desired services components not covered under section 256B.0943 and identify the
reimbursement source for those requested services, the method of payment, and the
payment rate to the provider.

new text begin Subd. 2. new text end

new text begin Responsibility not duplicated. new text end

new text begin For individuals who have health care
coverage, the county board is not responsible for providing mental health services which
are within the limits of the individual's health care coverage.
new text end

Sec. 6.

new text begin [245.4889] CHILDREN'S MENTAL HEALTH GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment and authority. new text end

new text begin (a) The commissioner is authorized
to make grants from available appropriations to assist:
new text end

new text begin (1) counties;
new text end

new text begin (2) Indian tribes;
new text end

new text begin (3) children's collaboratives under section 124D.23 or 245.493; or
new text end

new text begin (4) mental health service providers
new text end

new text begin for providing services to children with emotional disturbances as defined in section
245.4871, subdivision 15, and their families. The commissioner may also authorize
grants to young adults meeting the criteria for transition services in section 245.4875,
subdivision 8, and their families.
new text end

new text begin (b) Services under paragraph (a) must be designed to help each child to function and
remain with the child's family in the community and delivered consistent with the child's
treatment plan. Transition services to eligible young adults under paragraph (a) must be
designed to foster independent living in the community.
new text end

new text begin Subd. 2. new text end

new text begin Grant application and reporting requirements. new text end

new text begin To apply for a grant,
an applicant organization shall submit an application and budget for the use of the
money in the form specified by the commissioner. The commissioner shall make grants
only to entities whose applications and budgets are approved by the commissioner. In
awarding grants, the commissioner shall give priority to applications that indicate plans
to collaborate in the development, funding, and delivery of services with other agencies
in the local system of care. The commissioner shall specify requirements for reports,
including quarterly fiscal reports under section 256.01, subdivision 2, paragraph (q). The
commissioner shall require collection of data and periodic reports that the commissioner
deems necessary to demonstrate the effectiveness of each service.
new text end

Sec. 7.

Minnesota Statutes 2006, section 246.54, subdivision 1, is amended to read:


Subdivision 1.

County portion for cost of care.

new text begin (a)new text end Except for chemical
dependency services provided under sections 254B.01 to 254B.09, the client's county
shall pay to the state of Minnesota a portion of the cost of care provided in a regional
treatment center or a state nursing facility to a client legally settled in that county. A
county's payment shall be made from the county's own sources of revenue and payments
shall deleted text begin be paid as follows: payments to the state from the county shalldeleted text end equal deleted text begin 20 percentdeleted text end new text begin a
percentage
new text end of the cost of care, as determined by the commissioner, for each day, or the
portion thereof, that the client spends at a regional treatment center or a state nursing
facilitydeleted text begin .deleted text end new text begin according to the following schedule:
new text end

new text begin (1) zero percent for the first 30 days;
new text end

new text begin (2) 20 percent for days 31 to 60; and
new text end

new text begin (3) 50 percent for any days over 60.
new text end

new text begin (b) The increase in the county portion for cost of care under paragraph (a), clause
(3), shall be imposed when the treatment facility has determined that it is clinically
appropriate for the client to be discharged.
new text end

new text begin (c)new text end If payments received by the state under sections 246.50 to 246.53 exceed 80
percent of the cost of carenew text begin for days 31 to 60, or 50 percent for days over 60new text end , the county
shall be responsible for paying the state only the remaining amount. The county shall
not be entitled to reimbursement from the client, the client's estate, or from the client's
relatives, except as provided in section 246.53. deleted text begin No such payments shall be made for any
client who was last committed prior to July 1, 1947.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 8.

Minnesota Statutes 2006, section 246.54, subdivision 2, is amended to read:


Subd. 2.

Exceptions.

new text begin (a) new text end Subdivision 1 does not apply to services provided at the
Minnesota Security Hospital, the Minnesota sex offender program, or the Minnesota
extended treatment options program. For services at these facilities, a county's payment
shall be made from the county's own sources of revenue and payments shall be paid as
follows: payments to the state from the county shall equal ten percent of the cost of care,
as determined by the commissioner, for each day, or the portion thereof, that the client
spends at the facility. If payments received by the state under sections 246.50 to 246.53
exceed 90 percent of the cost of care, the county shall be responsible for paying the state
only the remaining amount. The county shall not be entitled to reimbursement from the
client, the client's estate, or from the client's relatives, except as provided in section 246.53.

new text begin (b) Regardless of the facility to which the client is committed, subdivision 1 does not
apply to the following individuals:
new text end

new text begin (1) clients who are committed as mentally ill and dangerous under section 253B.02,
subdivision 17;
new text end

new text begin (2) clients who are committed as sexual psychopathic personalities under section
253B.02, subdivision 18b; and
new text end

new text begin (3) clients who are committed as sexually dangerous persons under section 253B.02,
subdivision 18c.
new text end

new text begin For each of the individuals in clauses (1) to (3), the payment by the county to the state
shall equal ten percent of the cost of care for each day as determined by the commissioner.
new text end

Sec. 9.

Minnesota Statutes 2006, section 256.017, subdivision 1, is amended to read:


Subdivision 1.

Authority and purpose.

The commissioner shall administer a
compliance system for the Minnesota family investment program, the food stamp or
food support program, emergency assistance, general assistance, medical assistance,
general assistance medical care, emergency general assistance, Minnesota supplemental
assistance, preadmission screening, new text begin child support enforcement,new text end and alternative care grants
under the powers and authorities named in section 256.01, subdivision 2. The purpose of
the compliance system is to permit the commissioner to supervise the administration of
public assistance programs and to enforce timely and accurate distribution of benefits,
completeness of service and efficient and effective program management and operations,
to increase uniformity and consistency in the administration and delivery of public
assistance programs throughout the state, and to reduce the possibility of sanctions and
fiscal disallowances for noncompliance with federal regulations and state statutes.

The commissioner shall utilize training, technical assistance, and monitoring
activities, as specified in section 256.01, subdivision 2, to encourage county agency
compliance with written policies and procedures.

Sec. 10.

Minnesota Statutes 2006, section 256B.0625, is amended by adding a
subdivision to read:


new text begin Subd. 5l. new text end

new text begin Intensive mental health outpatient treatment. new text end

new text begin Medical assistance
covers intensive mental health outpatient treatment for dialectical behavioral therapy for
adults. The commissioner shall establish:
new text end

new text begin (1) certification procedures to ensure that providers of these services are qualified;
and
new text end

new text begin (2) treatment protocols including required service components and criteria for
admission, continued treatment, and discharge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008, and subject to federal
approval. The commissioner shall notify the revisor of statutes when federal approval is
obtained.
new text end

Sec. 11.

Minnesota Statutes 2006, section 256B.0625, subdivision 20, is amended to
read:


Subd. 20.

Mental health case management.

(a) To the extent authorized by rule
of the state agency, medical assistance covers case management services to persons with
serious and persistent mental illness and children with severe emotional disturbance.
Services provided under this section must meet the relevant standards in sections 245.461
to 245.4887, the Comprehensive Adult and Children's Mental Health Acts, Minnesota
Rules, parts 9520.0900 to 9520.0926, and 9505.0322, excluding subpart 10.

(b) Entities meeting program standards set out in rules governing family community
support services as defined in section 245.4871, subdivision 17, are eligible for medical
assistance reimbursement for case management services for children with severe
emotional disturbance when these services meet the program standards in Minnesota
Rules, parts 9520.0900 to 9520.0926 and 9505.0322, excluding subparts 6 and 10.

(c) Medical assistance and MinnesotaCare payment for mental health case
management shall be made on a monthly basis. In order to receive payment for an eligible
child, the provider must document at least a face-to-face contact with the child, the child's
parents, or the child's legal representative. To receive payment for an eligible adult, the
provider must document:

(1) at least a face-to-face contact with the adult or the adult's legal representative; or

(2) at least a telephone contact with the adult or the adult's legal representative and
document a face-to-face contact with the adult or the adult's legal representative within
the preceding two months.

(d) Payment for mental health case management provided by county or state staff
shall be based on the monthly rate methodology under section 256B.094, subdivision 6,
paragraph (b), with separate rates calculated for child welfare and mental health, and
within mental health, separate rates for children and adults.

(e) Payment for mental health case management provided by Indian health services
or by agencies operated by Indian tribes may be made according to this section or other
relevant federally approved rate setting methodology.

(f) Payment for mental health case management provided by vendors who contract
with a county or Indian tribe shall be based on a monthly rate negotiated by the host county
or tribe. The negotiated rate must not exceed the rate charged by the vendor for the same
service to other payers. If the service is provided by a team of contracted vendors, the
county or tribe may negotiate a team rate with a vendor who is a member of the team. The
team shall determine how to distribute the rate among its members. No reimbursement
received by contracted vendors shall be returned to the county or tribe, except to reimburse
the county or tribe for advance funding provided by the county or tribe to the vendor.

(g) If the service is provided by a team which includes contracted vendors, tribal
staff, and county or state staff, the costs for county or state staff participation in the team
shall be included in the rate for county-provided services. In this case, the contracted
vendor, the tribal agency, and the county may each receive separate payment for services
provided by each entity in the same month. In order to prevent duplication of services,
each entity must document, in the recipient's file, the need for team case management and
a description of the roles of the team members.

deleted text begin (h) The commissioner shall calculate the nonfederal share of actual medical
assistance and general assistance medical care payments for each county, based on the
higher of calendar year 1995 or 1996, by service date, project that amount forward to 1999,
and transfer one-half of the result from medical assistance and general assistance medical
care to each county's mental health grants under section for calendar year 1999.
The annualized minimum amount added to each county's mental health grant shall be
$3,000 per year for children and $5,000 per year for adults. The commissioner may reduce
the statewide growth factor in order to fund these minimums. The annualized total amount
transferred shall become part of the base for future mental health grants for each county.
deleted text end

deleted text begin (i)deleted text end new text begin (h) new text end Notwithstanding section 256B.19, subdivision 1, the nonfederal share of
costs for mental health case management shall be provided by the recipient's county of
responsibility, as defined in sections 256G.01 to 256G.12, from sources other than federal
funds or funds used to match other federal funds. If the service is provided by a tribal
agency, the nonfederal share, if any, shall be provided by the recipient's tribe. new text begin When this
service is paid by the state without a federal share through fee-for-service, 50 percent of
the cost shall be provided by the recipient's county of responsibility.
new text end

new text begin (i) Notwithstanding any administrative rule to the contrary, prepaid medical
assistance, general assistance medical care, and MinnesotaCare include mental health case
management. When the service is provided through prepaid capitation, the nonfederal
share is paid by the state and the county pays no share.
new text end

(j) The commissioner may suspend, reduce, or terminate the reimbursement to a
provider that does not meet the reporting or other requirements of this section. The county
of responsibility, as defined in sections 256G.01 to 256G.12, or, if applicable, the tribal
agency, is responsible for any federal disallowances. The county or tribe may share this
responsibility with its contracted vendors.

(k) The commissioner shall set aside a portion of the federal funds earned new text begin for county
expenditures
new text end under this section to repay the special revenue maximization account under
section 256.01, subdivision 2, clause (15). The repayment is limited to:

(1) the costs of developing and implementing this section; and

(2) programming the information systems.

(l) Payments to counties and tribal agencies for case management expenditures
under this section shall only be made from federal earnings from services provided
under this section. new text begin When this service is paid by the state without a federal share through
fee-for-service, 50 percent of the cost shall be provided by the state.
new text end Payments to
county-contracted vendors shall include deleted text begin bothdeleted text end the federal earningsnew text begin , the state share, new text end and the
county share.

deleted text begin (m) Notwithstanding section , county payments for the cost of mental
health case management services provided by county or state staff shall not be made
to the commissioner of finance. For the purposes of mental health case management
services provided by county or state staff under this section, the centralized disbursement
of payments to counties under section consists only of federal earnings from
services provided under this section.
deleted text end

deleted text begin (n)deleted text end new text begin (m) new text end Case management services under this subdivision do not include therapy,
treatment, legal, or outreach services.

deleted text begin (o)deleted text end new text begin (n) new text end If the recipient is a resident of a nursing facility, intermediate care facility,
or hospital, and the recipient's institutional care is paid by medical assistance, payment
for case management services under this subdivision is limited to the last 180 days of
the recipient's residency in that facility and may not exceed more than six months in a
calendar year.

deleted text begin (p)deleted text end new text begin (o) new text end Payment for case management services under this subdivision shall not
duplicate payments made under other program authorities for the same purpose.

deleted text begin (q) By July 1, 2000, the commissioner shall evaluate the effectiveness of the changes
required by this section, including changes in number of persons receiving mental health
case management, changes in hours of service per person, and changes in caseload size.
deleted text end

deleted text begin (r) For each calendar year beginning with the calendar year 2001, the annualized
amount of state funds for each county determined under paragraph (h) shall be adjusted by
the county's percentage change in the average number of clients per month who received
case management under this section during the fiscal year that ended six months prior to
the calendar year in question, in comparison to the prior fiscal year.
deleted text end

deleted text begin (s) For counties receiving the minimum allocation of $3,000 or $5,000 described
in paragraph (h), the adjustment in paragraph (s) shall be determined so that the county
receives the higher of the following amounts:
deleted text end

deleted text begin (1) a continuation of the minimum allocation in paragraph (h); or
deleted text end

deleted text begin (2) an amount based on that county's average number of clients per month who
received case management under this section during the fiscal year that ended six months
prior to the calendar year in question, times the average statewide grant per person per
month for counties not receiving the minimum allocation.
deleted text end

deleted text begin (t) The adjustments in paragraphs (s) and (t) shall be calculated separately for
children and adults.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009, except the
amendments to paragraphs (h), (r), (s), and (t) are effective January 1, 2008.
new text end

Sec. 12.

Minnesota Statutes 2006, section 256B.0943, subdivision 8, is amended to
read:


Subd. 8.

Required preservice and continuing education.

(a) A provider entity
shall establish a plan to provide preservice and continuing education for staff. The plan
must clearly describe the type of training necessary to maintain current skills and obtain
new skills and that relates to the provider entity's goals and objectives for services offered.

(b) A provider that employs a mental health behavioral aide under this section must
require the mental health behavioral aide to complete 30 hours of preservice training. The
preservice training must include topics specified in Minnesota Rules, part 9535.4068,
subparts 1 and 2, and parent team training. The preservice training must include 15 hours
of in-person training of a mental health behavioral aide in mental health services delivery
and eight hours of parent team training.new text begin Curricula for parent team training must be
approved in advance by the commissioner.
new text end Components of parent team training include:

(1) partnering with parents;

(2) fundamentals of family support;

(3) fundamentals of policy and decision making;

(4) defining equal partnership;

(5) complexities of the parent and service provider partnership in multiple service
delivery systems due to system strengths and weaknesses;

(6) sibling impacts;

(7) support networks; and

(8) community resources.

(c) A provider entity that employs a mental health practitioner and a mental health
behavioral aide to provide children's therapeutic services and supports under this section
must require the mental health practitioner and mental health behavioral aide to complete
20 hours of continuing education every two calendar years. The continuing education
must be related to serving the needs of a child with emotional disturbance in the child's
home environment and the child's family. The topics covered in orientation and training
must conform to Minnesota Rules, part 9535.4068.

(d) The provider entity must document the mental health practitioner's or mental
health behavioral aide's annual completion of the required continuing education. The
documentation must include the date, subject, and number of hours of the continuing
education, and attendance records, as verified by the staff member's signature, job
title, and the instructor's name. The provider entity must keep documentation for each
employee, including records of attendance at professional workshops and conferences,
at a central location and in the employee's personnel file.

Sec. 13.

Minnesota Statutes 2006, section 256B.0945, subdivision 4, is amended to
read:


Subd. 4.

Payment rates.

(a) Notwithstanding sections 256B.19 and 256B.041,
payments to counties for residential services provided by a residential facility shall only
be made of federal earnings for services provided under this section, and the nonfederal
share of costs for services provided under this section shall be paid by the county from
sources other than federal funds or funds used to match other federal funds. Payment to
counties for services provided according to this section shall be a proportion of the per
day contract rate that relates to rehabilitative mental health services and shall not include
payment for costs or services that are billed to the IV-E program as room and board.

(b) new text begin Per diem rates paid to providers under this section by prepaid plans shall be the
proportion of the per-day contract rate that relates to rehabilitative mental health services
and shall not include payment for group foster care costs or services that are billed to the
county of financial responsibility.
new text end

new text begin (c) new text end The commissioner shall set aside a portion not to exceed five percent of the
federal funds earned new text begin for county expenditures new text end under this section to cover the state costs of
administering this section. Any unexpended funds from the set-aside shall be distributed
to the counties in proportion to their earnings under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 14.

Minnesota Statutes 2006, section 256B.69, subdivision 4, is amended to read:


Subd. 4.

Limitation of choice.

(a) The commissioner shall develop criteria to
determine when limitation of choice may be implemented in the experimental counties.
The criteria shall ensure that all eligible individuals in the county have continuing access
to the full range of medical assistance services as specified in subdivision 6.

(b) The commissioner shall exempt the following persons from participation in the
project, in addition to those who do not meet the criteria for limitation of choice:

(1) persons eligible for medical assistance according to section 256B.055,
subdivision 1
;

(2) persons eligible for medical assistance due to blindness or disability as
determined by the Social Security Administration or the state medical review team, unless:

(i) they are 65 years of age or older; or

(ii) they reside in Itasca County or they reside in a county in which the commissioner
conducts a pilot project under a waiver granted pursuant to section 1115 of the Social
Security Act;

(3) recipients who currently have private coverage through a health maintenance
organization;

(4) recipients who are eligible for medical assistance by spending down excess
income for medical expenses other than the nursing facility per diem expense;

(5) recipients who receive benefits under the Refugee Assistance Program,
established under United States Code, title 8, section 1522(e);

(6) children who are both determined to be severely emotionally disturbed and
receiving case management services according to section 256B.0625, subdivision 20new text begin ,
except children who are eligible for and who decline enrollment in an approved preferred
integrated network under section 245.4682
new text end ;

(7) adults who are both determined to be seriously and persistently mentally ill and
received case management services according to section 256B.0625, subdivision 20;

(8) persons eligible for medical assistance according to section 256B.057,
subdivision 10
; and

(9) persons with access to cost-effective employer-sponsored private health
insurance or persons enrolled in a non-Medicare individual health plan determined to be
cost-effective according to section 256B.0625, subdivision 15.

Children under age 21 who are in foster placement may enroll in the project on an elective
basis. Individuals excluded under clauses (1), (6), and (7) may choose to enroll on an
elective basis. The commissioner may enroll recipients in the prepaid medical assistance
program for seniors who are (1) age 65 and over, and (2) eligible for medical assistance by
spending down excess income.

(c) The commissioner may allow persons with a one-month spenddown who are
otherwise eligible to enroll to voluntarily enroll or remain enrolled, if they elect to prepay
their monthly spenddown to the state.

(d) The commissioner may require those individuals to enroll in the prepaid medical
assistance program who otherwise would have been excluded under paragraph (b), clauses
(1), (3), and (8), and under Minnesota Rules, part 9500.1452, subpart 2, items H, K, and L.

(e) Before limitation of choice is implemented, eligible individuals shall be notified
and after notification, shall be allowed to choose only among demonstration providers.
The commissioner may assign an individual with private coverage through a health
maintenance organization, to the same health maintenance organization for medical
assistance coverage, if the health maintenance organization is under contract for medical
assistance in the individual's county of residence. After initially choosing a provider,
the recipient is allowed to change that choice only at specified times as allowed by the
commissioner. If a demonstration provider ends participation in the project for any reason,
a recipient enrolled with that provider must select a new provider but may change providers
without cause once more within the first 60 days after enrollment with the second provider.

(f) An infant born to a woman who is eligible for and receiving medical assistance
and who is enrolled in the prepaid medical assistance program shall be retroactively
enrolled to the month of birth in the same managed care plan as the mother once the
child is enrolled in medical assistance unless the child is determined to be excluded from
enrollment in a prepaid plan under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009.
new text end

Sec. 15.

Minnesota Statutes 2006, section 256B.69, subdivision 5g, is amended to read:


Subd. 5g.

Payment for covered services.

For services rendered on or after January
1, 2003, the total payment made to managed care plans for providing covered services
under the medical assistance and general assistance medical care programs is reduced by
.5 percent from their current statutory rates. This provision excludes payments for nursing
home services, home and community-based waivers, deleted text begin anddeleted text end payments to demonstration
projects for persons with disabilitiesnew text begin , and mental health services added as covered benefits
after December 31, 2007
new text end .

Sec. 16.

Minnesota Statutes 2006, section 256B.69, subdivision 5h, is amended to read:


Subd. 5h.

Payment reduction.

In addition to the reduction in subdivision 5g,
the total payment made to managed care plans under the medical assistance program is
reduced 1.0 percent for services provided on or after October 1, 2003, and an additional
1.0 percent for services provided on or after January 1, 2004. This provision excludes
payments for nursing home services, home and community-based waivers, deleted text begin anddeleted text end payments
to demonstration projects for persons with disabilitiesnew text begin , and mental health services added as
covered benefits after December 31, 2007
new text end .

Sec. 17.

Minnesota Statutes 2006, section 256B.763, is amended to read:


256B.763 CRITICAL ACCESS MENTAL HEALTH RATE INCREASE.

(a) For services defined in paragraph (b) and rendered on or after July 1, 2007,
payment rates shall be increased by 23.7 percent over the rates in effect on January 1,
2006, for:

(1) psychiatrists and advanced practice registered nurses with a psychiatric specialty;

(2) community mental health centers under section 256B.0625, subdivision 5; and

(3) mental health clinics and centers certified under Minnesota Rules, parts
9520.0750 to 9520.0870, or hospital outpatient psychiatric departments that are designated
as essential community providers under section 62Q.19.

(b) This increase applies to group skills training when provided as a component of
children's therapeutic services and support, psychotherapy, medication management,
evaluation and management, diagnostic assessment, explanation of findings, psychological
testing, neuropsychological services, direction of behavioral aides, and inpatient
consultation.

(c) This increase does not apply to rates that are governed by section 256B.0625,
subdivision 30, or 256B.761, paragraph (b), other cost-based rates, rates that are
negotiated with the county, rates that are established by the federal government, or rates
that increased between January 1, 2004, and January 1, 2005.

(d) The commissioner shall adjust rates paid to prepaid health plans under contract
with the commissioner to reflect the rate increases provided in deleted text begin paragraphdeleted text end new text begin paragraphs new text end (a)new text begin ,
(e), and (f)
new text end . The prepaid health plan must pass this rate increase to the providers identified
in deleted text begin paragraphdeleted text end new text begin paragraphs new text end (a)new text begin , (e), and (f)new text end .

new text begin (e) Payment rates shall be increased by 23.7 percent over the rates in effect on
January 1, 2006, for:
new text end

new text begin (1) medication education services provided on or after January 1, 2008, by adult
rehabilitative mental health services providers certified under section 256B.0623; and
new text end

new text begin (2) mental health behavioral aide services provided on or after January 1, 2008, by
children's therapeutic services and support providers certified under section 256B.0943.
new text end

new text begin (f) For services defined in paragraph (b) and rendered on or after January 1, 2008, by
children's therapeutic services and support providers certified under section 256B.0943
and not already included in paragraph (a), payment rates shall be increased by 23.7 percent
over the rates in effect on January 1, 2006.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008.
new text end

Sec. 18.

Minnesota Statutes 2006, section 256D.03, subdivision 4, is amended to read:


Subd. 4.

General assistance medical care; services.

(a)(i) For a person who is
eligible under subdivision 3, paragraph (a), clause (2), item (i), general assistance medical
care covers, except as provided in paragraph (c):

(1) inpatient hospital services;

(2) outpatient hospital services;

(3) services provided by Medicare certified rehabilitation agencies;

(4) prescription drugs and other products recommended through the process
established in section 256B.0625, subdivision 13;

(5) equipment necessary to administer insulin and diagnostic supplies and equipment
for diabetics to monitor blood sugar level;

(6) eyeglasses and eye examinations provided by a physician or optometrist;

(7) hearing aids;

(8) prosthetic devices;

(9) laboratory and X-ray services;

(10) physician's services;

(11) medical transportation except special transportation;

(12) chiropractic services as covered under the medical assistance program;

(13) podiatric services;

(14) dental services as covered under the medical assistance program;

(15) deleted text begin outpatient services provided by a mental health center or clinic that is under
contract with the county board and is established under section 245.62
deleted text end new text begin mental health
services covered under chapter 256B
new text end ;

deleted text begin (16) day treatment services for mental illness provided under contract with the
county board;
deleted text end

deleted text begin (17)deleted text end new text begin (16) new text end prescribed medications for persons who have been diagnosed as mentally
ill as necessary to prevent more restrictive institutionalization;

deleted text begin (18) psychological services,deleted text end new text begin (17) new text end medical supplies and equipment, and Medicare
premiums, coinsurance and deductible payments;

deleted text begin (19)deleted text end new text begin (18) new text end medical equipment not specifically listed in this paragraph when the use
of the equipment will prevent the need for costlier services that are reimbursable under
this subdivision;

deleted text begin (20)deleted text end new text begin (19) new text end services performed by a certified pediatric nurse practitioner, a
certified family nurse practitioner, a certified adult nurse practitioner, a certified
obstetric/gynecological nurse practitioner, a certified neonatal nurse practitioner, or a
certified geriatric nurse practitioner in independent practice, if (1) the service is otherwise
covered under this chapter as a physician service, (2) the service provided on an inpatient
basis is not included as part of the cost for inpatient services included in the operating
payment rate, and (3) the service is within the scope of practice of the nurse practitioner's
license as a registered nurse, as defined in section 148.171;

deleted text begin (21)deleted text end new text begin (20) new text end services of a certified public health nurse or a registered nurse practicing
in a public health nursing clinic that is a department of, or that operates under the direct
authority of, a unit of government, if the service is within the scope of practice of the
public health nurse's license as a registered nurse, as defined in section 148.171;new text begin and
new text end

deleted text begin (22)deleted text end new text begin (21) new text end telemedicine consultations, to the extent they are covered under section
256B.0625, subdivision 3bdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (23) mental health telemedicine and psychiatric consultation as covered under
section deleted text begin 256B.0625, subdivisions 46 and 48deleted text end .
deleted text end

(ii) Effective October 1, 2003, for a person who is eligible under subdivision 3,
paragraph (a), clause (2), item (ii), general assistance medical care coverage is limited
to inpatient hospital services, including physician services provided during the inpatient
hospital stay. A $1,000 deductible is required for each inpatient hospitalization.

(b) Effective August 1, 2005, sex reassignment surgery is not covered under this
subdivision.

(c) In order to contain costs, the commissioner of human services shall select
vendors of medical care who can provide the most economical care consistent with high
medical standards and shall where possible contract with organizations on a prepaid
capitation basis to provide these services. The commissioner shall consider proposals by
counties and vendors for prepaid health plans, competitive bidding programs, block grants,
or other vendor payment mechanisms designed to provide services in an economical
manner or to control utilization, with safeguards to ensure that necessary services are
provided. Before implementing prepaid programs in counties with a county operated or
affiliated public teaching hospital or a hospital or clinic operated by the University of
Minnesota, the commissioner shall consider the risks the prepaid program creates for the
hospital and allow the county or hospital the opportunity to participate in the program in a
manner that reflects the risk of adverse selection and the nature of the patients served by
the hospital, provided the terms of participation in the program are competitive with the
terms of other participants considering the nature of the population served. Payment for
services provided pursuant to this subdivision shall be as provided to medical assistance
vendors of these services under sections 256B.02, subdivision 8, and 256B.0625. For
payments made during fiscal year 1990 and later years, the commissioner shall consult
with an independent actuary in establishing prepayment rates, but shall retain final control
over the rate methodology.

(d) Recipients eligible under subdivision 3, paragraph (a), shall pay the following
co-payments for services provided on or after October 1, 2003:

(1) $25 for eyeglasses;

(2) $25 for nonemergency visits to a hospital-based emergency room;

(3) $3 per brand-name drug prescription and $1 per generic drug prescription,
subject to a $12 per month maximum for prescription drug co-payments. No co-payments
shall apply to antipsychotic drugs when used for the treatment of mental illness; and

(4) 50 percent coinsurance on restorative dental services.

(e) Co-payments shall be limited to one per day per provider for nonpreventive visits,
eyeglasses, and nonemergency visits to a hospital-based emergency room. Recipients of
general assistance medical care are responsible for all co-payments in this subdivision.
The general assistance medical care reimbursement to the provider shall be reduced by
the amount of the co-payment, except that reimbursement for prescription drugs shall not
be reduced once a recipient has reached the $12 per month maximum for prescription
drug co-payments. The provider collects the co-payment from the recipient. Providers
may not deny services to recipients who are unable to pay the co-payment, except as
provided in paragraph (f).

(f) If it is the routine business practice of a provider to refuse service to an individual
with uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected debt before
services can be denied.

(g) Any county may, from its own resources, provide medical payments for which
state payments are not made.

(h) Chemical dependency services that are reimbursed under chapter 254B must not
be reimbursed under general assistance medical care.

(i) The maximum payment for new vendors enrolled in the general assistance
medical care program after the base year shall be determined from the average usual and
customary charge of the same vendor type enrolled in the base year.

(j) The conditions of payment for services under this subdivision are the same as the
conditions specified in rules adopted under chapter 256B governing the medical assistance
program, unless otherwise provided by statute or rule.

(k) Inpatient and outpatient payments shall be reduced by five percent, effective July
1, 2003. This reduction is in addition to the five percent reduction effective July 1, 2003,
and incorporated by reference in paragraph (i).

(l) Payments for all other health services except inpatient, outpatient, and pharmacy
services shall be reduced by five percent, effective July 1, 2003.

(m) Payments to managed care plans shall be reduced by five percent for services
provided on or after October 1, 2003.

(n) A hospital receiving a reduced payment as a result of this section may apply the
unpaid balance toward satisfaction of the hospital's bad debts.

(o) Fee-for-service payments for nonpreventive visits shall be reduced by $3
for services provided on or after January 1, 2006. For purposes of this subdivision, a
visit means an episode of service which is required because of a recipient's symptoms,
diagnosis, or established illness, and which is delivered in an ambulatory setting by
a physician or physician ancillary, chiropractor, podiatrist, advance practice nurse,
audiologist, optician, or optometrist.

(p) Payments to managed care plans shall not be increased as a result of the removal
of the $3 nonpreventive visit co-payment effective January 1, 2006.

new text begin (q) Payments for mental health services added as covered benefits after December
31, 2007, are not subject to the reductions in paragraphs (i), (k), (l), and (m).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008, except mental
health case management under paragraph (a)(i)(15) is effective January 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2006, section 256L.03, subdivision 1, is amended to read:


Subdivision 1.

Covered health services.

For individuals under section 256L.04,
subdivision 7
, with income no greater than 75 percent of the federal poverty guidelines
or for families with children under section 256L.04, subdivision 1, all subdivisions of
this section apply. "Covered health services" means the health services reimbursed
under chapter 256B, with the exception of inpatient hospital services, special education
services, private duty nursing services, adult dental care services other than services
covered under section 256B.0625, subdivision 9, orthodontic services, nonemergency
medical transportation services, personal care assistant and case management services,
nursing home or intermediate care facilities services, inpatient mental health services,
and chemical dependency services. deleted text begin Outpatient mental health services covered under the
MinnesotaCare program are limited to diagnostic assessments, psychological testing,
explanation of findings, mental health telemedicine, psychiatric consultation, medication
management by a physician, day treatment, partial hospitalization, and individual, family,
and group psychotherapy.
deleted text end

No public funds shall be used for coverage of abortion under MinnesotaCare
except where the life of the female would be endangered or substantial and irreversible
impairment of a major bodily function would result if the fetus were carried to term; or
where the pregnancy is the result of rape or incest.

Covered health services shall be expanded as provided in this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008, except coverage for
mental health case management under subdivision 1 is effective January 1, 2009.
new text end

Sec. 20.

Minnesota Statutes 2006, section 256L.035, is amended to read:


256L.035 LIMITED BENEFITS COVERAGE FOR CERTAIN SINGLE
ADULTS AND HOUSEHOLDS WITHOUT CHILDREN.

(a) "Covered health services" for individuals under section 256L.04, subdivision
7
, with income above 75 percent, but not exceeding 175 percent, of the federal poverty
guideline means:

(1) inpatient hospitalization benefits with a ten percent co-payment up to $1,000 and
subject to an annual limitation of $10,000;

(2) physician services provided during an inpatient stay; and

(3) physician services not provided during an inpatient stay; outpatient hospital
services; freestanding ambulatory surgical center services; chiropractic services; lab and
diagnostic services; diabetic supplies and equipment; new text begin mental health services as covered
under chapter 256B;
new text end and prescription drugs; subject to the following co-payments:

(i) $50 co-pay per emergency room visit;

(ii) $3 co-pay per prescription drug; and

(iii) $5 co-pay per nonpreventive visit.

The services covered under this section may be provided by a physician, physician
ancillary, chiropractor, psychologist, deleted text begin ordeleted text end licensed independent clinical social workernew text begin , or
other mental health providers covered under chapter 256B
new text end if the services are within the
scope of practice of that health care professional.

For purposes of this section, "a visit" means an episode of service which is required
because of a recipient's symptoms, diagnosis, or established illness, and which is delivered
in an ambulatory setting by any health care provider identified in this paragraph.

Enrollees are responsible for all co-payments in this section.

(b) Reimbursement to the providers shall be reduced by the amount of the
co-payment, except that reimbursement for prescription drugs shall not be reduced once a
recipient has reached the $20 per month maximum for prescription drug co-payments.
The provider collects the co-payment from the recipient. Providers may not deny services
to recipients who are unable to pay the co-payment, except as provided in paragraph (c).

(c) If it is the routine business practice of a provider to refuse service to an individual
with uncollected debt, the provider may include uncollected co-payments under this
section. A provider must give advance notice to a recipient with uncollected debt before
services can be denied.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2008, except coverage
for mental health case management under paragraph (a), clause (3), is effective January
1, 2009.
new text end

Sec. 21.

Minnesota Statutes 2006, section 256L.12, subdivision 9a, is amended to read:


Subd. 9a.

Rate setting; ratable reduction.

For services rendered on or after
October 1, 2003, the total payment made to managed care plans under the MinnesotaCare
program is reduced 1.0 percent.new text begin This provision excludes payments for mental health
services added as covered benefits after December 31, 2007.
new text end

Sec. 22.

Minnesota Statutes 2006, section 609.115, subdivision 9, is amended to read:


Subd. 9.

Compulsive gambling assessment required.

(a) If a person is convicted
of theft under section 609.52, embezzlement of public funds under section 609.54, or
forgery under section 609.625, 609.63, or 609.631, the probation officer shall determine in
the report prepared under subdivision 1 whether or not compulsive gambling contributed
to the commission of the offense. If so, the report shall contain the results of a compulsive
gambling assessment conducted in accordance with this subdivision. The probation officer
shall make an appointment for the offender to undergo the assessment if so indicated.

(b) The compulsive gambling assessment report must include a recommended level
of treatment for the offender if the assessor concludes that the offender is in need of
compulsive gambling treatment. The assessment must be conducted by an assessor
qualified new text begin either new text end under deleted text begin section 245.98, subdivision 2adeleted text end new text begin Minnesota Rules, part 9585.0040,
subpart 1, item C, or qualifications determined to be equivalent by the commissioner
new text end , to
perform these assessments or to provide compulsive gambling treatment. An assessor
providing a compulsive gambling assessment may not have any direct or shared financial
interest or referral relationship resulting in shared financial gain with a treatment provider.
If an independent assessor is not available, the probation officer may use the services of an
assessor with a financial interest or referral relationship as authorized under rules adopted
by the commissioner of human services under section 245.98, subdivision 2a.

(c) The commissioner of human services shall reimburse the assessor for deleted text begin the costs
associated with a
deleted text end new text begin each new text end compulsive gambling assessment at a rate established by the
commissioner deleted text begin up to a maximum of $100 for each assessmentdeleted text end . The commissioner shall
reimburse deleted text begin these costsdeleted text end new text begin the assessor new text end after receiving written verification from the probation
officer that the assessment was performed and found acceptable.

Sec. 23.

Laws 2005, chapter 98, article 3, section 25, is amended to read:


Sec. 25. REPEALER.

Minnesota Statutes 2004, sections 245.713, deleted text begin subdivisions 2 anddeleted text end new text begin subdivision new text end 4;
245.716; and 626.5551, subdivision 4, are repealed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from August 1, 2005.
new text end

Sec. 24. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) In the next edition of Minnesota Statutes, the revisor of statutes shall change the
references to sections "245.487 to 245.4887" wherever it appears in statutes or rules to
sections "245.487 to 245.4889."
new text end

new text begin (b) The revisor of statutes shall correct all internal references that are necessary
from the relettering in section 11.
new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 9585.0030, new text end new text begin is repealed.
new text end